WTB Seeks Comment on a Petition for Declaratory Ruling Clarifying the Regulatory Status of Mobile Messaging Services, 69630-69631 [2015-27899]

Download as PDF 69630 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Proposed Rules Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the following locations: (1) U.S. Environmental Protection Agency, Region 4, Library, 9th Floor, 61 Forsyth Street SW., Atlanta, Georgia 30303. The Library is open from 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The telephone number for the Library is (404) 562–8190. (2) Kentucky Department of Natural Resources, Division of Oil and Gas 1025 Capital Center Drive, Frankfort, Kentucky 40601. The Office is open from 8:00 a.m. to 12:00 p.m. and 1:00 p.m.–5:00 p.m. Monday through Friday, excluding legal holidays. Please contact Marvin Combs at (502) 573–0147. (3) Kentucky Underground Injection Control Program, Primacy Approval: EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OW Docket is (202) 566–2426. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, GW & UIC Section, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303; telephone number: (404) 562–9350; fax number: (404) 562–9439; email address: marsh.nancy@epa.gov. The Commonwealth of Kentucky has submitted an application to regulate Class II injection wells in the State. The application was determined to be complete because it contained all of the requirements of the Code of Federal Regulations (CFR) at 40 CFR 145.22(a), including: A letter from the Governor requesting program approval; a complete description of the State Underground Injection Control program; a statement of legal authority; a memorandum of agreement between the Commonwealth of Kentucky and the EPA, Region 4; copies of all applicable rules and forms; and a showing of the state’s public participation process prior to program submission. rmajette on DSK2TPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: Dated: November 3, 2015. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2015–28662 Filed 11–9–15; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 13:28 Nov 09, 2015 Jkt 238001 FEDERAL COMMUNICATIONS COMMISSION pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1). Number of Petitions Filed: 3. 47 CFR Parts 1 and 27 Federal Communications Commission. Marlene H. Dortch, Secretary. [GN Docket No. 12–268, WT Docket Nos. 14–170 and 05–211, Report No. 3031] Petitions for Reconsideration of Action in Rulemaking Proceeding Federal Communications Commission. ACTION: Petitions for reconsideration. [FR Doc. 2015–28554 Filed 11–9–15; 8:45 am] BILLING CODE 6712–01–P AGENCY: Petitions for Reconsideration (Petitions) have been filed in the Commission’s rulemaking proceeding by: Kim M. Keenan, on behalf of the Multicultural Media, Telecom and Internet Council; Donald L. Herman, Jr., on behalf of the Rural-26 DE Coalition; and D. Cary Mitchell, on behalf of the Blooston Rural Carriers. DATES: Oppositions to the Petitions must be filed on or before November 25, 2015. Replies to an opposition must be filed on or before December 7, 2015. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Leslie Barnes, Wireless Telecommunications Bureau, (202) 418– 1612, email: leslie.barnes@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of Commission’s document, Report No. 3031, released November 4, 2015. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW., Room CY–A257, Washington, DC 20554 or may be accessed online via the Commission’s Electronic Comment Filing System at https://apps.fcc.gov/ecfs/. The Commission will not send a copy of this Public Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Public Notice does not have an impact on any rules of particular applicability. Subject: Updating Part 1 Competitive Bidding Rules; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions; Petition of DIRECTV Group, Inc. and EchoStar LLC for Expedited Rulemaking to Amend 47 CFR 1.2105(a)(2)(xi) and 1.2106(a) and/or for Interim Conditional Waiver; Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding Rules and Procedures, published at 80 FR 56754, September 18, 2015, in GN Docket No. 12–268, WT Docket Nos. 14– 170, 05–0211, and FCC 15–80. This Public Notice is being published SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [WT Docket No. 08–7; DA 15–1169] WTB Seeks Comment on a Petition for Declaratory Ruling Clarifying the Regulatory Status of Mobile Messaging Services Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission’s Wireless Telecommunications Bureau (Bureau) seeks comment on a petition for declaratory ruling on the regulatory status of mobile messaging services. DATES: Comments are due November 20, 2015. Reply Comments are due December 21, 2015. ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated above. All filings should refer to WT Docket No. 08–7. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). D Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https:// fjallfoss.fcc.gov/ecfs2/. D Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. D All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW–A325, SUMMARY: E:\FR\FM\10NOP1.SGM 10NOP1 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Proposed Rules Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. D Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. D U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (tty). FOR FURTHER INFORMATION CONTACT: Daniel Ball, Wireless Telecommunications Bureau, 202–418– 1310, email Daniel.Ball@fcc.gov or Pramesh Jobanputra, Wireless Telecommunications Bureau, 202–418– 1323, email Pramesh.Jobanputra@ fcc.gov. This is a summary of the Bureau’s Public Notice, DA No. 15–1169 WT Docket No 08–7, released October 13, 2015. The full text of this document is available for inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. Also, it may be purchased from the Commission’s duplicating contractor at Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554; Copies of the Public Notice also may be obtained via ECFS by entering the docket number WT Docket 15–180; DA No. 15–865. Additionally, the complete item is available on the Federal rmajette on DSK2TPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 13:28 Nov 09, 2015 Jkt 238001 Communications Commission’s Web site at https://www.fcc.gov. By this Public Notice, the Wireless Telecommunications Bureau seeks comment on a petition for a declaratory ruling on the regulatory status of mobile messaging services. On August 28, 2015, Twilio Inc. filed a petition for an expedited declaratory ruling, asking the Commission ‘‘to declare that messaging services are governed by Title II’’ of the Communications Act. Today’s Public Notice seeks comment on the Twilio Petition and seeks to refresh the record in this proceeding in light of marketplace and legal developments since the Commission sought comment in 2008 on a similar petition. Twilio describes itself as a ‘‘cloudbased developer-platform company’’ that facilitates ‘‘merging cloud computing, web services, and traditional voice and messaging communications.’’ In its Petition, Twilio asserts that wireless providers engage in a variety of discriminatory and anticompetitive practices that cannot be adequately addressed absent a declaratory ruling classifying messaging services under Title II. Twilio further asserts that, under judicial and Commission precedent, messaging services constitute telecommunications services and commercial mobile radio services and are thus subject to Title II. The Commission invites comment on the issues raised in the Twilio Petition and the Commission seeks to refresh the record on the Joint Petition. The Commission invites commenters to offer detailed estimates—numerical estimates if available—of any costs or benefits claimed. This proceeding has been designated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation PO 00000 Frm 00009 Fmt 4702 Sfmt 9990 69631 within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Federal Communications Commission. Roger Sherman, Bureau Chief, Wireless Telecommunications Bureau. [FR Doc. 2015–27899 Filed 11–9–15; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\10NOP1.SGM 10NOP1

Agencies

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Proposed Rules]
[Pages 69630-69631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27899]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[WT Docket No. 08-7; DA 15-1169]


WTB Seeks Comment on a Petition for Declaratory Ruling Clarifying 
the Regulatory Status of Mobile Messaging Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission's 
Wireless Telecommunications Bureau (Bureau) seeks comment on a petition 
for declaratory ruling on the regulatory status of mobile messaging 
services.

DATES: Comments are due November 20, 2015. Reply Comments are due 
December 21, 2015.

ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415 and 1.419, interested parties may file comments and 
reply comments on or before the dates indicated above. All filings 
should refer to WT Docket No. 08-7. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW., Room TW-A325,

[[Page 69631]]

Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes and boxes must be disposed of before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: Daniel Ball, Wireless 
Telecommunications Bureau, 202-418-1310, email Daniel.Ball@fcc.gov or 
Pramesh Jobanputra, Wireless Telecommunications Bureau, 202-418-1323, 
email Pramesh.Jobanputra@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public 
Notice, DA No. 15-1169 WT Docket No 08-7, released October 13, 2015. 
The full text of this document is available for inspection and copying 
during business hours in the FCC Reference Information Center, Portals 
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Also, it 
may be purchased from the Commission's duplicating contractor at 
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554; 
Copies of the Public Notice also may be obtained via ECFS by entering 
the docket number WT Docket 15-180; DA No. 15-865. Additionally, the 
complete item is available on the Federal Communications Commission's 
Web site at https://www.fcc.gov.
    By this Public Notice, the Wireless Telecommunications Bureau seeks 
comment on a petition for a declaratory ruling on the regulatory status 
of mobile messaging services.
    On August 28, 2015, Twilio Inc. filed a petition for an expedited 
declaratory ruling, asking the Commission ``to declare that messaging 
services are governed by Title II'' of the Communications Act. Today's 
Public Notice seeks comment on the Twilio Petition and seeks to refresh 
the record in this proceeding in light of marketplace and legal 
developments since the Commission sought comment in 2008 on a similar 
petition.
    Twilio describes itself as a ``cloud-based developer-platform 
company'' that facilitates ``merging cloud computing, web services, and 
traditional voice and messaging communications.'' In its Petition, 
Twilio asserts that wireless providers engage in a variety of 
discriminatory and anti-competitive practices that cannot be adequately 
addressed absent a declaratory ruling classifying messaging services 
under Title II. Twilio further asserts that, under judicial and 
Commission precedent, messaging services constitute telecommunications 
services and commercial mobile radio services and are thus subject to 
Title II.
    The Commission invites comment on the issues raised in the Twilio 
Petition and the Commission seeks to refresh the record on the Joint 
Petition. The Commission invites commenters to offer detailed 
estimates--numerical estimates if available--of any costs or benefits 
claimed.
    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b).
    In proceedings governed by rule 1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Federal Communications Commission.
Roger Sherman,
Bureau Chief, Wireless Telecommunications Bureau.
[FR Doc. 2015-27899 Filed 11-9-15; 8:45 am]
 BILLING CODE 6712-01-P
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